Book contents
- Law and Economics of Possession
- Law and Economics of Possession
- Copyright page
- Dedication
- Contents
- Figures
- Contributors
- Introduction
- I Foundation
- 1 Ownership and possession
- 2 The law is nine-tenths of possession: an adage turned on its head
- 3 The elements of possession
- 4 The economy of concept and possession
- 5 What behavioral studies can teach jurists about possession and vice versa
- 6 The possession heuristic
- 7 Dividing possessory rights
- 8 The titling role of possession
- II Specific issues
- Index
- References
2 - The law is nine-tenths of possession: an adage turned on its head
from I - Foundation
Published online by Cambridge University Press: 05 May 2015
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Book contents
- Law and Economics of Possession
- Law and Economics of Possession
- Copyright page
- Dedication
- Contents
- Figures
- Contributors
- Introduction
- I Foundation
- 1 Ownership and possession
- 2 The law is nine-tenths of possession: an adage turned on its head
- 3 The elements of possession
- 4 The economy of concept and possession
- 5 What behavioral studies can teach jurists about possession and vice versa
- 6 The possession heuristic
- 7 Dividing possessory rights
- 8 The titling role of possession
- II Specific issues
- Index
- References
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- Law and Economics of Possession , pp. 40 - 64Publisher: Cambridge University PressPrint publication year: 2015
References
Alston, Lee J., Libecap, Gary D. and Mueller, Bernardo 1999. Titles, Conflict and Land Use: The Development of Property Rights on the Brazilian Amazon Frontier. Ann Arbor, Michigan: University of Michigan Press.CrossRefGoogle Scholar
Arnold, Earl C. 1921. “The Law of Possession Governing Ferae Naturae,” American Law Review 55:393–404.Google Scholar
Berger, Bethany R. 2006. “It's Not About the Fox: The Untold History of Pierson v. Post,” Duke Law Journal 55:1089–1143.Google Scholar
Blackstone, William 1979 [1766]. Commentaries on the Laws of England, volume 2. University of Chicago Press.Google Scholar
Campbell, Jeremy M. 2014 “Speculative Accumulation: Property-Making in the Brazilian Amazon,” Journal of Latin American and Caribbean Anthropology 19:237–59.Google Scholar
Cronon, William 1983. Changes in the Land: Indians, Colonists, and the Ecology of New England. New York: Hill and Wang.Google Scholar
Demsetz, Harold 1967. “Toward a Theory of Property Rights,” American Economic Review Papers and Proceedings 57:347–59.Google Scholar
Ellickson, Robert C., Rose, Carol M. and Smith, Henry C. 2014. Perspectives on Property Law. 4th edn. New York: Aspen.Google Scholar
Erickson, Amy Louise 2007. “Possession—And the Other One-Tenth of the Law: Assessing Women's Ownership and Economic Roles in Early Modern England,” Women's History Review 16:369–85.CrossRefGoogle Scholar
Fennell, Lee Anne 2006. “Efficient Trespass: The Case for Bad Faith Adverse Possession,” Northwestern University Law Review 100:1037–96.Google Scholar
Fernandez, Angela 2009. “Pierson v. Post: A Great Debate, James Kent, and the Project of Building a Learned Law for New York State,” Law and Social Inquiry 34:301–31.CrossRefGoogle Scholar
Fitzpatrick, Daniel 2006. “Evolution and Chaos in Property Rights Systems: The Third World Tragedy of Contested Access,” Yale Law Journal 115:996–1048.CrossRefGoogle Scholar
Grossfeld, Bernhard and Hiller, Jack A. 2008. “Music and Law,” International Lawyer 42: 1147–80.Google Scholar
Helmholz, Richard 1983. “Adverse Possession and Subjective Intent,” Washington University Law Quarterly 61:331–58.Google Scholar
Klass, Alexandra B. 2006. “Adverse Possession and Conservation: Expanding Traditional Notions of Use and Possession,” University of Colorado Law Review 77:283–333.Google Scholar
Kochevar, Steven 2013. “Adverse Possession as a Means of Assessing Community Approval,” Unpublished paper, on file with the author.Google Scholar
Krier, James E. 2009. “Evolutionary Theory and the Origins of Property Rights,” Cornell Law Review 95:139–59.Google Scholar
Levack, Brian P. 1995. “Possession, Witchcraft, and the Law in Elizabethan England,” Washington and Lee Law Review 52:1613–40.Google Scholar
McDowell, Andrea 2007. “Legal Fictions in Pierson v. Post,” Michigan Law Review 105:735–77.Google Scholar
Merrill, Thomas W. 1984. “Property Rules, Liability Rules and Adverse Possession,” Northwestern University Law Review 79:1122–54.Google Scholar
Merrill, Thomas W. and Smith, Henry E. 2007. Property: Principles and Policies. New York: Foundation Press.Google Scholar
Meyers, Gary D. and Raine, Sally, “Australian Aboriginal Land Rights in Transition (Part II): The Legislative Response to the High Court's Native Title Decisions in Mabo v. Queensland and Wik v. Queensland,” Tulsa Journal of Comparative and International Law 9:95–167.Google Scholar
Mitchell, Kristen 2003. “Market-assisted Land Reform in Brazil: A New Approach to Address an Old Problem,” New York University Law School Journal of International and Comparative Law 22:557–83.Google Scholar
Morawetz, Jennie 2011. “No Room for Squatters: Alaska's Adverse Possession Law,” Alaska Law Review 28:341–70.Google Scholar
Peñalver, Eduardo Moisés and Katyal, Sonia K. 2007, “Property Outlaws,” University of Pennsylvania Law Review 155:1095–1186.Google Scholar
Pollock, Frederick and Wright, Robert Samuel 1888. An Essay on Possession in the Common Law. Oxford: Clarendon Press.Google Scholar
Pyne, Stephen J. 2001. Fire: A Brief History. Seattle, Washington: University of Washington Press.Google Scholar
Rose, Carol M. 1985. “Possession as the Origin of Property,” University of Chicago Law Review 52:73–88.CrossRefGoogle Scholar
Rose, Carol M. 1998. “Canons of Property Talk, or, Blackstone's Anxiety,” Yale Law Journal 108: 601–32.CrossRefGoogle Scholar
Rose, Carol M. 2013. “Psychologies of Property (and Why Property is Not a Hawk-Dove Game),” in Penner, J. E., and Smith, H.E. (eds), The Philosophical Foundations of Property Law. Oxford University Press.Google Scholar
Skyrms, Brian. 1996. Evolution of the Social Contract. Cambridge University Press.CrossRefGoogle Scholar
Smith, Henry E. 2003. “The Language of Property: Form, Context and Audience,” Stanford Law Review 55:1105–91.Google Scholar
Sprankling, John E. 1994. “An Environmental Critique of Adverse Possession,” Cornell Law Review 79:816–84.Google Scholar
Stake, Jeffrey Evans 2001. “The Uneasy Case for Adverse Possession,” Georgetown Law Journal 89:2419–73.Google Scholar
Sugden, Robert 2004 [1986] The Economics of Rights, Cooperation and Welfare. Houndmills, Basingstoke, Hampshire; New York: Palgrave Macmillan.Google Scholar
Waldron, Jeremy 2013. “‘To Bestow Stability Upon Possession’: Hume's Alternative to Locke,” in Penner, J.E., and Smith, H.E., (eds.) The Philosophical Foundations of Property Law. Oxford University Press.Google Scholar
Wenar, Leif 2008. “Property Rights and the Resource Curse,” Philosophy and Public Affairs 36:2–32.CrossRefGoogle Scholar
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